File #: 20-0167    Version: 1 Name: Flores - Civil Settlement
Type: Resolution Status: Adopted
File created: 1/24/2020 In control: Law
On agenda: 3/4/2020 Final action: 3/4/2020
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-429-17 Claimant: Maria Flores Claimant's Attorney: Mark T. McMenamy, Esq. Attorney's Address: Bressler, Amery & Ross, P.C., 325 Columbia Turnpike, Florham Park, New Jersey 07932 Settlement Amount: $600,000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-429-17
Claimant: Maria Flores
Claimant's Attorney: Mark T. McMenamy, Esq.
Attorney's Address: Bressler, Amery & Ross, P.C., 325 Columbia Turnpike, Florham Park, New Jersey 07932
Settlement Amount: $600,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel
body

WHEREAS, Plaintiff, Maria Flores, instituted a suit in the Superior Court of New Jersey, captioned Maria Flores v. City of Newark and Michelle Cote, Docket No. ESX-L-429-17, in which the plaintiff sought recovery for damages allegedly sustained on January 19, 2015, as a result of the alleged actions and omissions of the City of Newark and/or its agent; and

WHEREAS, a proposal has been made to resolve this litigation in its entirety by execution of the Settlement Agreement and Release and payment in the total amount of Six Hundred Thousand Dollars and Zero Cents ($600,000.00), divided into two (2) payments of Three Hundred Thousand Dollars and Zero Cents ($300,000.00) ("Settlement Sum"); and

WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve said matter by execution of the attached Settlement Agreement and Release and payment of the proposed Settlement Sum.

NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the Settlement Agreement and Release, attached hereto.

2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $600,000.00 (Six Hundred Thousand Dollars and Zero Cents), which payment will be divided into two (2) payments of $300,0...

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